Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum: Defendant pleaded guilty to attempted burglary in the third degree and, in accordance with the plea bargain, was sentenced to an indeterminate term of incarceration of 1½ to 3 years. On appeal, he contends that the court erred in sentencing him as a second felony offender because the People...
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